81 FR 63440 - Removal of Personally Identifiable Information From Registration Records
LIBRARY OF CONGRESS
U.S. Copyright Office Federal Register Volume 81, Issue 179 (September 15, 2016)
U.S. Copyright Office
Federal Register Volume 81, Issue 179 (September 15, 2016)
| Page Range | 63440-63445 | |
| FR Document | 2016-22011 |
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)] [Proposed Rules] [Pages 63440-63445] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22011] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 204 [Docket No. 2016-7] Removal of Personally Identifiable Information From Registration Records AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The United States Copyright Office (``Office'') is proposing new rules related to personally identifiable information (``PII'') that may be found in the Office's registration records. First, the proposed rule will allow an author, claimant of record, or the authorized agent of the author or claimant of record, to request the removal of certain PII that is requested by the Office and collected on a registration application, such as home addresses or personal phone numbers, from the Office's internet-accessible public catalog, while retaining it in the Office's offline records as required by law. Second, the proposed rule will codify an existing practice regarding extraneous PII that applicants erroneously include on registration applications even though the Office has not requested it, such as driver's license numbers, social security numbers, banking information, and credit card information. Under the proposed rule, the Office would, upon request, remove such extraneous PII both from the Office's internet-accessible public catalog and its offline records. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on October 17, 2016. ADDRESSES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office Web site at http://copyright.gov/rulemaking/pii/. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Cindy Abramson, Assistant General Counsel, by email at [email protected], or Abioye Mosheim, Attorney Advisor, by email at [email protected]. Each can be contacted by telephone by calling 202-707-8350. SUPPLEMENTARY INFORMATION: I. Background This proposed rule would create procedures to request removal of certain ``personally identifiable information'' (``PII'') from the Office's registration records. PII is generally considered to be any information that has the potential to identify a specific individual. The proposed rule concerns two distinct categories of PII as discussed below. The Office requests and receives certain types of PII during the registration process (e.g., dates of birth, addresses, telephone numbers, fax numbers, and email addresses). The collection of some of that information is mandated by statute or regulation; other information is optional.\1\ This information is referred to herein as ``requested PII.'' --------------------------------------------------------------------------- \1\ The Copyright Act requires the Office to gather the name and address of the copyright claimant; the name of the author(s), for works that are not anonymous or pseudonymous; the nationality or domicile of the author(s); and the date(s) of death for deceased author(s). See 17 U.S.C. 409. The Act also gives the Register of Copyrights the authority to require applicants to supply any other information ``bearing upon the preparation or identification of the work or the existence, ownership, or duration of copyright.'' Id. --------------------------------------------------------------------------- The Office does not request, but sometimes receives, additional PII when applicants choose to include information such as driver's license numbers, social security numbers, banking information, and credit card information on their registration applications. Such information is extraneous and unnecessary for the processing and maintenance of copyright registration records. This information is referred to herein as ``extraneous PII.'' As explained below, this proposed rule would treat these two categories of PII differently. With respect to requested PII--information that the Copyright Office purposely collects as part of registration--the Copyright Act imposes certain obligations on the Office to preserve that information as part of the public record. The Act requires the Register to ensure that ``records of . . . registrations . . . are maintained, and that indexes of such records are prepared,'' and that ``[s]uch records and indexes . . . be open to public inspection,'' thus creating a public record. 17 U.S.C. 705(a), 705(b). The public record of copyright registrations serves several important functions. Chief among these is that the record provides essential facts relevant to the copyright claim and information that a potential user of a copyrighted work can use to locate the work's owner. The registration record can also be a valuable aid for determining the term of copyright protection, by providing information such as the author's date of death, the publication date for the work, or the year of creation of the work. A separate provision of the Act requires the Register of Copyrights to ``compile and publish . . . catalogs of all copyright registrations.'' 17 U.S.C. 707(a). For most of the Office's history, this catalog was maintained in paper form as the Catalog of Copyright Entries (``CCE''). Starting in 1994, however, the Office began providing the public with access to a computerized database of post- 1977 copyright registration and recordation catalog entries via the internet. Then, in 1996, the Office decided to end publication of the printed CCE and publish copyright registration information solely via an online public catalog. See 61 FR 52465 (Oct. 7, 1996). Initially, the PII revealed in the online public catalog was limited to names and, when volunteered, the author's year of birth. By 2007, however, with the advent of the Copyright Office's online registration system (``eCO''), a broader range of PII was pushed from the Office's registration records into the online public catalog, including the postal address of the claimant, and the name, postal address, email address and [[Page 63441]] phone number of the person authorized to correspond about, and/or provide rights and permission to use, the registered work. See 72 FR 36883, 36887 (July 6, 2007). The current online public catalog, however, does not contain all of the information that is contained in the Office's full registration records. For instance, the online public catalog currently does not include the text of correspondence between the Office and the applicant. This information is maintained solely in the Office's offline records, although members of the public can obtain copies of it by making a request to the Office. In addition, while the information in the online public catalog initially could only be searched and retrieved via the Office's Web site, in 2007 third parties began harvesting registration information, including PII, from the catalog, and posting that information on alternative Web sites, which were then indexed by search engines. As a result, authors and claimants began noticing their personal information appearing in internet search results, and began asking the Office to remove that information from the Office's online public catalog. In 2008, the Office published a list of frequently asked questions (``FAQs'') on privacy to address some of these concerns.\2\ In the FAQs, the Office stressed that, by statute, it was required to collect certain information as part of the registration application and maintain it as part of its public records. The FAQs advised the public that if they did not wish sensitive personal information to appear in the online public catalog, they should refrain from providing it during the registration process, if possible. Applicants were advised to instead consider providing non-personal information, such as information about a third-party agent, a post office box, or a non- personal email address. But the Office warned that, if the applicant provided personal information, it would be included in the online public catalog. Both the Web page to log in to the online registration system and the Web page to download paper application forms include links to the privacy FAQs. See eCO Registration System, Privacy: Copyright Public Records, http://www.copyright.gov/eco/; Forms, http://www.copyright.gov/forms/ forms/; see also U.S. Copyright Office, Compendium of U.S. Copyright Office Practices 205 (3d ed. 2014). --------------------------------------------------------------------------- \2\ See U.S. Copyright Office, Privacy: Copyright Public Records, http://www.copyright.gov/help/faq/faq-privacy.html. --------------------------------------------------------------------------- The Office's practices have differed with respect to extraneous PII--such as driver's license numbers, social security numbers, credit card information, and banking information--that applicants sometimes include on registration applications, even though the application does not require or request such information. Given the particular sensitivity of that information, and the fact that it is not requested as part of the registration application, the Office has developed an informal practice of removing extraneous PII from its registration records, including the online public catalog and the offline records, for no fee. During the registration process, the Office may remove extraneous PII, particularly if it is sensitive information, on its own volition. After the registration is complete, the Office will remove extraneous PII upon request. See Compendium (Third) 1804.2 (``If the registration specialist discovers a social security number, driver's license number, credit card number, or bank account number in the application, he or she will remove that information from the record without communicating with the applicant [and] [i]f this information is not discovered during the examination process . . . [t]he Office will remove [it] upon written request.''). II. Discussion Since issuing its FAQs on privacy in 2008, the Office has continued to receive occasional requests to remove PII that the Office regularly collects as part of the registration application, such as home addresses, from the online registration records. In light of these requests, the Office is now proposing to amend its rules in two main respects. First, as explained in detail below, the Office proposes to add a new rule allowing authors and claimants to request the removal of requested PII from the online public catalog only, and replace it with non-personal information. The original information would be maintained in the Office's offline records and would be available for public inspection by visitors to the Copyright Office and upon request, consistent with the Office's statutory responsibilities to ``maintain'' such records and make them available to the public. 17 U.S.C. 705(a), 705(b). In proposing the rule, the Office seeks to strike an appropriate balance between the public's interest in a robust online record and concerns of privacy and safety in individual cases. Second, the proposed rule would codify the Office's existing practice of removing extraneous PII--such as driver's license numbers, social security numbers, banking information, and credit card information--from both the offline records and the online public catalog. The Office is also proposing a conforming amendment to its Privacy Act regulations. A. Removal of Requested PII From the Online Public Catalog Who may request removal. The proposed rule would permit an author, claimant of record, or the authorized representative of the author or claimant of record, to submit a request to remove certain PII related to a copyright registration from the Copyright Office's online registration records. What may be removed. In general, the proposed rule would allow for the removal of requested PII contained in the online public catalog, including home addresses, personal telephone and fax numbers, and personal email addresses. But there are two important limitations. First, the proposed rule would not allow a claimant to eliminate address information from the online public catalog, but instead would only allow for the replacement of a home address with a verifiable substitute address, such as a current post office box or third-party address (e.g., ``in care of'' an agent or corporation). The reason for this restriction is that allowing the wholesale removal of a claimant address would impede the public's ability to contact a copyright owner to obtain permission to use the work. Second, the proposed rule would not permit removal of an author or claimant's name from the online public catalog, or the replacement of an author or claimant's name with a pseudonym or an ``anonymous'' designation. Changing or removing a name is not necessary to prevent privacy invasions, as long as associated PII is removed. More fundamentally, allowing authors or claimants to alter their names in the online public catalog may lead to confusion regarding the term of copyright protection for the work. Under the Copyright Act, works by anonymous and pseudonymous authors have different terms of copyright protection than works by authors whose real name is revealed in the Office's records. The term for works by anonymous and pseudonymous authors is 95 years following the year of first publication, or 120 years following the year of creation, whichever term expires first. The term for works by authors whose real names are revealed in the Office's records is the life of the author plus 70 years. 17 U.S.C. 302(a), 302(c). In addition, the Act specifically contemplates that if the real name of the author of an anonymous or pseudonymous work is identified in the Office's records during the term of protection, then that work will receive [[Page 63442]] the term of life plus 70 years. Id. at 302(c). But the statute does not provide for the reverse: It does not contemplate a work whose author is already known receiving the copyright term applicable to works by anonymous or pseudonymous authors if the author's real name is removed from the Office's records. Thus, if the proposed rule were to permit the removal of an author's real name from the online public catalog, or the substitution of a real name with a pseudonym, it would run contrary to the statutory scheme established by Congress, and would likely create confusion regarding the correct term of copyright. Moreover, in at least some situations, removal of a claimant's name could also lead to confusion about the correct copyright term. For example, an anonymous author might inadvertently reveal his or her real name in the claimant section of the registration form, in which case it may be that the term for a known author applies, rather than the term for an anonymous or pseudonymous author.\3\ Although that concern may arise only in rare cases, any rule would have to account for this possibility and would, as a result, be difficult to administer. Accordingly, in light of the limited privacy concerns regarding the publication of author and claimant names unconnected to other forms of PII, and consistent with existing practices, the Office has provisionally concluded that the rule should not allow removal of author or claimant names from the online public catalog. See Compendium (Third) 615.3 (``The Office will not remove the author's name from the registration record once a certificate of registration has been issued.''). --------------------------------------------------------------------------- \3\ One possible clue that the anonymous or pseudonymous author and the person listed in the claimant section are the same person might be if the ``transfer'' section of the registration form is left blank. Where the author and claimant are different people, the transfer section must indicate how the claimant came to obtain the copyright from the author. 17 U.S.C. 409(5). --------------------------------------------------------------------------- Standard for removal of requested PII. Under the proposed rule, the standard the Office would employ in determining whether to grant a request to remove requested PII from the online public catalog will depend on whether the requester is asking simply to replace the PII in the online public catalog with verifiable, non-personally-identifiable substitute information, or whether the requester instead is asking to remove the PII without providing such substitute information. If the requester provides the Office with verifiable, non- personally-identifiable substitute information, the Office would generally grant the request, unless it determines that the need to maintain the original information in the public record substantially outweighs the safety, privacy, or other stated concern. By contrast, if the requester is not providing verifiable, non- personally-identifiable substitute information, the request will only be granted if the requester demonstrates that the safety, privacy, or other stated concern substantially outweighs the need for the information to remain in the public record. This higher standard is warranted because removing information entirely from the online public catalog would result in a diminished record available for search via the internet. To satisfy the higher standard, a requester must provide more than a bare declaration that the author or claimant is concerned about his or her privacy or safety. For instance, a general statement such as, ``I want to protect my privacy,'' will not satisfy this requirement. Rather, a detailed explanation of why the request should be granted is required, such as a specific threat to safety or privacy. The more detail that is supplied by the requester, the more likely the Office is to accept the assertion on its face. How to submit a request for removal of requested PII. PII removal requests must be in the form of a signed affidavit mailed to the U.S. Copyright Office's Associate Register of Copyrights and Director of Public Information and Education, and contain the following information:The copyright registration number(s). (A single affidavit may request removal of the same PII in multiple registration records, but as explained below, the $130 fee must be paid for each registration record.) The name of the author and/or claimant of record on whose behalf the request is made. Identification of the specific PII that is to be removed. If applicable, verifiable, non-personally-identifiable substitute information that should replace the PII to be removed. A statement providing the reasons supporting the request. If the requester is not providing verifiable, non-personally- identifiable substitute information to replace the PII to be removed, this statement must explain in detail the specific threat to personal safety or personal security, or other circumstances, supporting the request. The statement, ``I declare under penalty of perjury that the foregoing is true and correct.'' If the submission is by an authorized representative of the author or claimant of record, an additional statement, ``I am authorized to make this request on behalf of [name of author or claimant of record].'' The signature of the author, claimant of record, or the authorized representative of the author or claimant of record. The date on which the request was signed. A physical mailing address to which the Office's response may be sent (if no email address is provided). A telephone number. An email address (if available). Requests to remove requested PII made by joint authors and claimants. Requests by a joint author or claimant will generally be treated as described above for a single author or claimant. In other words, a joint author or claimant may request removal of their own PII (though, obviously, not the removal of PII of their co-author or co- claimant). That having been said, the Office has some concern regarding joint authors or claimants that may initially have matching PII, such as a married couple or business partners that share office space. If such relationships were to dissolve, this rule could theoretically permit a joint author or claimant to remove critical contact information for the other author or claimant from the record. Based on this concern, the Office intends to review these requests on a case-by- case basis, but invites comments on this issue. Comments with specific examples or hypotheticals are preferred to general statements. Review process. All written requests for the removal of requested PII from the online public catalog will be reviewed by the Associate Register of Copyrights and Director of the Office Public Information and Education, or his or her designee(s). All decisions granting or denying requests for the removal of requested PII from the online public catalog will be sent in writing to the author, claimant of record, or the authorized representative of the author or claimant of record at the address or email indicated in the request. If the request is granted, the Office will act as expeditiously as possible to effectuate it. However, when a request to remove requested PII is denied, authorized persons may submit one request for reconsideration in writing and by mail, to the Office of the General Counsel within thirty (30) days from the date of the denial letter, along with the required fee. Effect on the public record. When requests for the removal of requested PII are granted, the alteration will only be [[Page 63443]] made in the online public catalog. A copy of the original registration record containing the PII will be kept on file in the Office away from public online view. A new certificate of registration reflecting the change will be issued. A note will be added to the basic registration record and made viewable in the online public catalog indicating the modification to the catalog. The note will contain a statement, such as ``*Online record modified in response to PII request effective [date modified].'' As noted, the Office will not alter the original registration record, but will instead maintain it in its offline records. Members of the public would be able to access the original, unaltered records by visiting the Office in Washington, DC, and inspecting the offline records there. Members of the public would also, for a fee, be able to request reproductions of original registration records through the Office's Records, Research and Certification Section. Although the Office contemplated allowing the removal of requested PII from its offline registration records as well its online public catalog, it has preliminarily concluded that the Copyright Act limits its authority to do so. Section 409 of the Copyright Act requires the Office to collect certain information on registration applications, and section 705 requires the Office to ``maintain'' records of those registrations, and make them available for public inspection. To allow parties to alter the original records and render the original information wholly unavailable for public inspection would appear to be contrary to this statutory mandate. The Act does not, however, mandate that copyright registrations records be published in full on the internet. Rather, the Office's online public catalog is principally a fulfillment of the statutory mandate in 17 U.S.C. 707 that the Office compile and publish catalogs of all copyright registrations. Section 707 gives the Office the discretion to determine ``on the basis of practicability and usefulness'' the form (and frequency) of the information that is published in these catalogs. The legislative history on section 707(a) contemplates a move from paper-based to electronic distribution of the catalog information: Section 707(a) of the bill retains the present statute's basic requirement that the Register compile and publish catalogs of all copyright registrations at periodic intervals, but provides ``discretion to determine, on the basis of practicability and usefulness, for the form and frequency of publication of each particular part.'' This provision will in no way diminish the utility or value of the present catalogs, and the flexibility of approach, coupled with use of the new mechanical and electronic devices now becoming available, will avoid waste and result in a better product. See H.R. Rep. No. 1476, 94th Cong., 2d Sess. 172 (1976). Though the proposed rule's approach would still allow access to PII through offline means, we believe that preventing the online dissemination of that information will substantially alleviate privacy concerns. Access to the Office's offline records is limited, as described above. In contrast, information in the online public catalog is accessible for free at any time by anyone with an internet connection and can also be harvested through automatic processes.\4\ --------------------------------------------------------------------------- \4\ Nonetheless, the Office reiterates that the best way to keep PII from being included in the public record is to avoid providing it in a registration application when possible. In addition, this rule does not, and cannot, prevent third-party Web sites from collecting previously posted PII and making the information available online, even after the PII is removed from the Office's online public catalog. --------------------------------------------------------------------------- Fees. Section 708(a) of title 17 authorizes the Register to fix fees for services, other than those enumerated in paragraphs (a)(1) through (9) of Sec. 708(a), based on cost and without prior submission to Congress.\5\ See 17 U.S.C. 708(a). Fees for Office services that the Register has the discretion to establish based on cost and without Congressional review include fees for copying Office records, fees for mail and delivery services, and fees for special handling. See 79 FR 15910, 15916-17 (Mar. 24, 2014). With the rule proposed herein, the Office seeks to adopt new fees to recover costs associated with two new services: First, the process of considering initial requests for removal of PII from the online public catalog, and second, the process of reconsideration of denied requests. --------------------------------------------------------------------------- \5\ Fees for core Office services such as registration of a claim, recording a transfer of copyright ownership or other document, issuance of a certificate of registration, and certain other services are to be submitted by the Register to Congress before they take effect. See 17 U.S.C. 708(a) and (b). --------------------------------------------------------------------------- Based on a cost analysis, the Office believes that the fee for the initial request should each be established at $130 per registration record, and the fee for reconsideration of denied requests should be established at a flat $60 regardless of the number of registration records encompassed by the request for reconsideration. The Office arrived at the $130 fee for initial requests by considering the time and labor required to review and process these requests, including the salaries of junior and senior staff who will take part in the review, draft the decisions, and perform the data entry; costs associated with docketing and responding to requests via U.S. mail; system costs related to entering changes into the online public catalog as well as updating the offline registration records; and costs associated with printing a new registration certificate. For example, for initial requests, senior Public Information and Education staff must review the initial requests, draft final decisions, then the Associate Register of Copyrights and Director of the Office of Public Information and Education must review and sign final decisions. When an initial request is granted, Registration Program staff must key the changes into the Office's online public catalog, and perform checks to ensure that the changes are accurately reflected in the online public catalog. For both initial requests and requests for reconsideration, the costs associated with processing the check or money order payments by the Office's accounting staff have been factored into the fee. For reconsiderations, the costs associated with having an attorney advisor review the reconsideration letters and draft final decisions for review by and signature of the General Counsel and Associate Register of Copyrights amount to a flat fee of $60 per request, regardless of the number of registration records referenced in the request. If the Office grants the request for reconsideration, the costs associated with keying changes into the system and printing a new certificate would have already been covered by the fee that accompanied the initial request, and so they are not included in this fee. Both fees are non-refundable. B. Removal of Extraneous PII From Online and Offline Registration Records As explained, the proposed rule would also codify the Office's existing practice of removing extraneous PII such as driver's license numbers, social security numbers, banking information and credit card information from the Office's online and offline records upon request. See Compendium (Third) 1804.2. Specifically, the proposed rule would allow, through a request made in writing (via hard copy or email) to the Associate Register of Copyrights and Director of the Office of Public Information and Education, the removal of extraneous PII such as driver's license numbers, social security numbers, banking information, and credit card information inadvertently included on a copyright registration application, at no cost. Such a request must contain the name of the author and/or claimant of record, the registration number associated with the record, and a [[Page 63444]] description of the extraneous PII that is to be removed. Once the Office receives the request it will act as expeditiously as possible to remove the extraneous PII from both its online and offline public records. The Office will not include any notation of this action in its records. The Office will also continue its informal practice of affirmatively removing or redacting extraneous PII from registration forms if it is found during and following the examination process, although this practice is not codified in the proposed rule. List of Subjects in 37 CFR Parts 201 and 204 Copyright, Information, Privacy, Records. Proposed Regulations For the reasons set forth in the preamble, the U.S. Copyright Office proposes to amend parts 201 and 204 of 37 CFR chapter II as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read, in part, as follows: Authority: 17 U.S.C. 702. 0 2. In paragraph Sec. 201.1, revise the section heading and add paragraph (c)(8) to read as follows: Sec. 201.1 Communication with the Copyright Office. * * * * * (c) * * * (8) Requests to remove PII from registration records. Requests to remove personally identifiable information from registration records pursuant to sections 201.2(e) and 201.2(f) should be addressed to: U.S. Copyright Office, Associate Register of Copyrights and Director of the Office of Public Information and Education, P.O. Box 70400, Washington, DC 20024-0400. Requests should be clearly labeled ``Request to Remove Requested PII,'' ``Request for Reconsideration Following Denial of Request to Remove Requested PII,'' or ``Request to Remove Extraneous PII,'' as appropriate. 0 3. In Sec. 201.2, add paragraphs (e) and (f) to read as follows: Sec. 201.2 Information given by the Copyright Office. * * * * * (e) Requests for removal of requested personally identifiable information from the online public catalog. (1) In general, an author, claimant of record, or the authorized representative of the author or claimant of record may submit a request to remove certain requested personally identifiable information (``PII'') related to a copyright registration from the Copyright Office's online public catalog by following the procedure set forth in paragraph (e)(3) of this section. Where the requester provides verifiable, non-personally-identifiable substitute information to replace the PII being removed, the Office will grant the request unless it determines that the need to maintain the original information in the public record substantially outweighs the safety, privacy, or other stated concern. If the requester does not provide verifiable, non-personally-identifiable substitute information, the Office will grant the request only if the safety, privacy, or other stated concern substantially outweighs the need for the information to remain in the public record. The Office will review requests by joint authors or claimants on a case-by-case basis. (2) Categories of personally identifiable information that may be removed from the online public catalog include home addresses, personal telephone and fax numbers, and personal email addresses, except that: (i) Requests for removal of driver's license numbers, social security numbers, banking information, credit card information and other extraneous PII covered by paragraph (f) of this section are governed by the provisions of that paragraph. (ii) Requests to remove the address of a copyright claimant must be accompanied by a verifiable substitute address. (iii) Names of authors or claimants may not be removed or replaced with a pseudonym. (3) Requests for removal of PII from the online catalog must be in the form of an affidavit, must be accompanied by the non-refundable fee listed in Sec. 201.3(c), and must include the following information: (i) The copyright registration number(s). (ii) The name of the author and/or claimant of record on whose behalf the request is made. (iii) Identification of the specific PII that is to be removed. (iv) If applicable, verifiable non-personally-identifiable substitute information that should replace the PII to be removed. (v) A statement providing the reasons supporting the request. If the requester is not providing verifiable, non-personally-identifiable substitute information to replace the PII to be removed, this statement must explain in detail the specific threat to the individual's personal safety or personal security, or other circumstances, supporting the request. (vi) The statement, ``I declare under penalty of perjury that the foregoing is true and correct.'' (vii) If the submission is by an authorized representative of the author or claimant of record, an additional statement, ``I am authorized to make this request on behalf of [name of author or claimant of record].'' (viii) The signature of the author, claimant of record, or the authorized representative of the author or claimant of record. (ix) The date on which the request was signed. (x) A physical mailing address to which the Office's response may be sent (if no email is provided). (xi) A telephone number. (xii) An email address (if available). (4) Requests under this paragraph (e) must be mailed to the address listed in Sec. 201.1(c). (5) A properly submitted request will be reviewed by the Associate Register of Copyrights and Director of the Office Public Information and Education or his or her designee(s) to determine whether the request should be granted or denied. The Office will mail its decision to either grant or deny the request to the address indicated in the request. (6) If the request is granted, the Office will remove the information from the online public catalog. Where substitute information has been provided, the Office will add that information to the online public catalog. In addition, a note indicating that the online record has been modified will be added to the online registration record. A new certificate of registration will be issued that reflects the modified information. The Office will maintain a copy of the original registration record on file in the Copyright Office, and such records shall be open to public inspection and copying pursuant to paragraphs (b), (c), and (d) of this section. The Office will also maintain in its offline records the correspondence related to the request to remove PII. (7) Requests for reconsideration of denied requests to remove PII from the online public catalog must be made in writing within 30 days from the date of the denial letter. The request for reconsideration, and a non-refundable fee in the amount specified in Sec. 201.3(c), must be mailed to the address listed in Sec. 201.1(c). The request must specifically address the grounds for denial of the initial request. Only one request for reconsideration will be considered per denial. (f) Requests for removal of extraneous PII from the public record. Upon written [[Page 63445]] request, the Office will remove driver's license numbers, social security numbers, banking information, credit card information, and other extraneous PII that was erroneously included on a registration application from the public record. There is no fee for this service. To make a request, the author, claimant, or the authorized representative of the author or claimant, must submit the request in writing to the email address or mailing address listed in Sec. 201.1(c). Such a request must name the author and/or claimant, provide the registration number(s) associated for the record in question, and give a description of the extraneous PII that is to be removed. Once the request is received, the Office will remove the extraneous information from both its online and offline public records. The Office will not include any notation of this action in its records. 0 4. In Sec. 201.3, add paragraph (c)(19) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ Registration, recordation and related services Fees ($) ------------------------------------------------------------------------ * * * * * * * (19) Removal of PII from Registration Records: (i) Initial request, per registration record........ 130 (ii) Reconsideration of denied requests, flat fee... 60 * * * * * * * ------------------------------------------------------------------------ * * * * * PART 204--PRIVACY ACT: POLICIES AND PROCEDURES 0 5. The authority citation for part 204 continues to read as follows: Authority: 17 U.S.C. 702; 5 U.S.C. 552(a). 0 6. Revise Sec. 204.7 to read as follows: Sec. 204.7 Request for correction or amendment of records. (a) Any individual may request the correction or amendment of a record pertaining to her or him. Requests for the removal of requested personally identifiable information related to a copyright registration are governed by Sec. 201.2(e) of this chapter. Requests for the removal of extraneous personally identifiable information, such as driver's license numbers, social security numbers, banking information, and credit card information from registration records are governed by Sec. 201.2(f) of this chapter. With respect to the correction or amendment of all other information contained in a copyright registration, the set of procedures and related fees are governed by 17 U.S.C. 408(d) and Sec. 201.5 of this chapter. With respect to requests to amend any other record that an individual believes is incomplete, inaccurate, irrelevant or untimely, the request shall be in writing and delivered either by mail addressed to the U.S. Copyright Office, Supervisory Copyright Information Specialist, Copyright Information Section, Attn: Privacy Act Request, P.O. Box 70400, Washington, DC 20024-0400, or in person Monday through Friday between the hours of 8:30 a.m. and 5 p.m., eastern time, except legal holidays, at Room LM- 401, Library of Congress, U.S. Copyright Office, 101 Independence Avenue SE., Washington, DC 20559-6000. The request shall explain why the individual believes the record to be incomplete, inaccurate, irrelevant, or untimely. (b) With respect to requests for the correction or amendment of records that are governed by this section, the Office will respond within 10 working days indicating to the requester that the requested correction or amendment has been made or that it has been refused. If the requested correction or amendment is refused, the Office's response will indicate the reason for the refusal and the procedure available to the individual to appeal the refusal. Dated: September 8, 2016. Sarang V. Damle, General Counsel and Associate Register of Copyrights. [FR Doc. 2016-22011 Filed 9-14-16; 8:45 am] BILLING CODE 1410-30-P
![63440 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules
TABLE 1 TO § 100.1101—Continued
[* * *]
Regulated Area ................................................................................... The waters of San Diego Bay, CA from Fifth Avenue Landing to Tidelands
Park, Coronado, CA.
Dated: September 1, 2016. Specific instructions for submitting information is referred to herein as
J.R. Buzzella, comments are available on the ‘‘extraneous PII.’’
Captain, U.S. Coast Guard, Captain of the Copyright Office Web site at http:// As explained below, this proposed
Port San Diego. copyright.gov/rulemaking/pii/. If rule would treat these two categories of
[FR Doc. 2016–22227 Filed 9–14–16; 8:45 am] electronic submission of comments is PII differently.
BILLING CODE 9110–04–P not feasible due to lack of access to a With respect to requested PII—
computer and/or the internet, please information that the Copyright Office
contact the Office using the contact purposely collects as part of
LIBRARY OF CONGRESS information below for special registration—the Copyright Act imposes
instructions. certain obligations on the Office to
U.S. Copyright Office FOR FURTHER INFORMATION CONTACT:
preserve that information as part of the
Cindy Abramson, Assistant General public record. The Act requires the
37 CFR Parts 201 and 204 Counsel, by email at ciab@loc.gov, or Register to ensure that ‘‘records of . . .
Abioye Mosheim, Attorney Advisor, by registrations . . . are maintained, and
[Docket No. 2016–7]
email at abmo@loc.gov. Each can be that indexes of such records are
Removal of Personally Identifiable contacted by telephone by calling 202– prepared,’’ and that ‘‘[s]uch records and
Information From Registration Records 707–8350. indexes . . . be open to public
inspection,’’ thus creating a public
AGENCY: U.S. Copyright Office, Library SUPPLEMENTARY INFORMATION: record. 17 U.S.C. 705(a), 705(b). The
of Congress. I. Background public record of copyright registrations
ACTION: Notice of proposed rulemaking. serves several important functions.
This proposed rule would create Chief among these is that the record
SUMMARY: The United States Copyright procedures to request removal of certain provides essential facts relevant to the
Office (‘‘Office’’) is proposing new rules ‘‘personally identifiable information’’ copyright claim and information that a
related to personally identifiable (‘‘PII’’) from the Office’s registration potential user of a copyrighted work can
information (‘‘PII’’) that may be found in records. PII is generally considered to be use to locate the work’s owner. The
the Office’s registration records. First, any information that has the potential to registration record can also be a
the proposed rule will allow an author, identify a specific individual. The valuable aid for determining the term of
claimant of record, or the authorized proposed rule concerns two distinct copyright protection, by providing
agent of the author or claimant of categories of PII as discussed below. information such as the author’s date of
record, to request the removal of certain The Office requests and receives death, the publication date for the work,
PII that is requested by the Office and certain types of PII during the or the year of creation of the work.
collected on a registration application, registration process (e.g., dates of birth, A separate provision of the Act
such as home addresses or personal addresses, telephone numbers, fax requires the Register of Copyrights to
phone numbers, from the Office’s numbers, and email addresses). The ‘‘compile and publish . . . catalogs of
internet-accessible public catalog, while collection of some of that information is all copyright registrations.’’ 17 U.S.C.
retaining it in the Office’s offline mandated by statute or regulation; other 707(a). For most of the Office’s history,
records as required by law. Second, the information is optional.1 This this catalog was maintained in paper
proposed rule will codify an existing information is referred to herein as form as the Catalog of Copyright Entries
practice regarding extraneous PII that ‘‘requested PII.’’ (‘‘CCE’’). Starting in 1994, however, the
applicants erroneously include on The Office does not request, but Office began providing the public with
registration applications even though sometimes receives, additional PII when access to a computerized database of
the Office has not requested it, such as applicants choose to include post-1977 copyright registration and
driver’s license numbers, social security information such as driver’s license recordation catalog entries via the
numbers, banking information, and numbers, social security numbers, internet. Then, in 1996, the Office
credit card information. Under the banking information, and credit card decided to end publication of the
proposed rule, the Office would, upon information on their registration printed CCE and publish copyright
request, remove such extraneous PII applications. Such information is registration information solely via an
both from the Office’s internet- extraneous and unnecessary for the online public catalog. See 61 FR 52465
accessible public catalog and its offline processing and maintenance of (Oct. 7, 1996).
records. copyright registration records. This Initially, the PII revealed in the online
DATES: Written comments must be public catalog was limited to names
received no later than 11:59 p.m. 1 The Copyright Act requires the Office to gather and, when volunteered, the author’s
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Eastern Time on October 17, 2016. the name and address of the copyright claimant; the year of birth. By 2007, however, with
name of the author(s), for works that are not
ADDRESSES: For reasons of government
anonymous or pseudonymous; the nationality or
the advent of the Copyright Office’s
efficiency, the Copyright Office is using domicile of the author(s); and the date(s) of death online registration system (‘‘eCO’’), a
the regulations.gov system for the for deceased author(s). See 17 U.S.C. 409. The Act broader range of PII was pushed from
submission and posting of public also gives the Register of Copyrights the authority the Office’s registration records into the
to require applicants to supply any other
comments in this proceeding. All information ‘‘bearing upon the preparation or
online public catalog, including the
comments are therefore to be submitted identification of the work or the existence, postal address of the claimant, and the
electronically through regulations.gov. ownership, or duration of copyright.’’ Id. name, postal address, email address and
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![Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules 63441
phone number of the person authorized numbers, credit card information, and catalog. The Office is also proposing a
to correspond about, and/or provide banking information—that applicants conforming amendment to its Privacy
rights and permission to use, the sometimes include on registration Act regulations.
registered work. See 72 FR 36883, 36887 applications, even though the
A. Removal of Requested PII From the
(July 6, 2007). The current online public application does not require or request
Online Public Catalog
catalog, however, does not contain all of such information. Given the particular
the information that is contained in the sensitivity of that information, and the Who may request removal. The
Office’s full registration records. For fact that it is not requested as part of the proposed rule would permit an author,
instance, the online public catalog registration application, the Office has claimant of record, or the authorized
currently does not include the text of developed an informal practice of representative of the author or claimant
correspondence between the Office and removing extraneous PII from its of record, to submit a request to remove
the applicant. This information is registration records, including the certain PII related to a copyright
maintained solely in the Office’s offline online public catalog and the offline registration from the Copyright Office’s
records, although members of the public records, for no fee. During the online registration records.
can obtain copies of it by making a registration process, the Office may What may be removed. In general, the
request to the Office. remove extraneous PII, particularly if it proposed rule would allow for the
In addition, while the information in is sensitive information, on its own removal of requested PII contained in
the online public catalog initially could volition. After the registration is the online public catalog, including
only be searched and retrieved via the complete, the Office will remove home addresses, personal telephone and
Office’s Web site, in 2007 third parties extraneous PII upon request. See fax numbers, and personal email
began harvesting registration Compendium (Third) 1804.2 (‘‘If the addresses. But there are two important
information, including PII, from the registration specialist discovers a social limitations. First, the proposed rule
catalog, and posting that information on security number, driver’s license would not allow a claimant to eliminate
alternative Web sites, which were then number, credit card number, or bank address information from the online
indexed by search engines. As a result, account number in the application, he public catalog, but instead would only
authors and claimants began noticing or she will remove that information allow for the replacement of a home
their personal information appearing in from the record without communicating address with a verifiable substitute
internet search results, and began asking with the applicant [and] [i]f this address, such as a current post office
the Office to remove that information information is not discovered during the box or third-party address (e.g., ‘‘in care
from the Office’s online public catalog. examination process . . . [t]he Office of’’ an agent or corporation). The reason
In 2008, the Office published a list of will remove [it] upon written request.’’). for this restriction is that allowing the
frequently asked questions (‘‘FAQs’’) on wholesale removal of a claimant address
II. Discussion would impede the public’s ability to
privacy to address some of these
concerns.2 In the FAQs, the Office Since issuing its FAQs on privacy in contact a copyright owner to obtain
stressed that, by statute, it was required 2008, the Office has continued to permission to use the work.
to collect certain information as part of receive occasional requests to remove Second, the proposed rule would not
the registration application and PII that the Office regularly collects as permit removal of an author or
maintain it as part of its public records. part of the registration application, such claimant’s name from the online public
The FAQs advised the public that if as home addresses, from the online catalog, or the replacement of an author
they did not wish sensitive personal registration records. In light of these or claimant’s name with a pseudonym
information to appear in the online requests, the Office is now proposing to or an ‘‘anonymous’’ designation.
amend its rules in two main respects. Changing or removing a name is not
public catalog, they should refrain from
First, as explained in detail below, the necessary to prevent privacy invasions,
providing it during the registration
Office proposes to add a new rule as long as associated PII is removed.
process, if possible. Applicants were
allowing authors and claimants to More fundamentally, allowing authors
advised to instead consider providing
request the removal of requested PII or claimants to alter their names in the
non-personal information, such as
from the online public catalog only, and online public catalog may lead to
information about a third-party agent, a
replace it with non-personal confusion regarding the term of
post office box, or a non-personal email
information. The original information copyright protection for the work.
address. But the Office warned that, if
would be maintained in the Office’s Under the Copyright Act, works by
the applicant provided personal
offline records and would be available anonymous and pseudonymous authors
information, it would be included in the
for public inspection by visitors to the have different terms of copyright
online public catalog. Both the Web
Copyright Office and upon request, protection than works by authors whose
page to log in to the online registration
consistent with the Office’s statutory real name is revealed in the Office’s
system and the Web page to download
responsibilities to ‘‘maintain’’ such records. The term for works by
paper application forms include links to
records and make them available to the anonymous and pseudonymous authors
the privacy FAQs. See eCO Registration
public. 17 U.S.C. 705(a), 705(b). In is 95 years following the year of first
System, Privacy: Copyright Public
proposing the rule, the Office seeks to publication, or 120 years following the
Records, http://www.copyright.gov/eco/;
strike an appropriate balance between year of creation, whichever term expires
Forms, http://www.copyright.gov/
the public’s interest in a robust online first. The term for works by authors
forms/; see also U.S. Copyright Office,
record and concerns of privacy and whose real names are revealed in the
Compendium of U.S. Copyright Office
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safety in individual cases. Office’s records is the life of the author
Practices 205 (3d ed. 2014).
Second, the proposed rule would plus 70 years. 17 U.S.C. 302(a), 302(c).
The Office’s practices have differed
codify the Office’s existing practice of In addition, the Act specifically
with respect to extraneous PII—such as
removing extraneous PII—such as contemplates that if the real name of the
driver’s license numbers, social security
driver’s license numbers, social security author of an anonymous or
2 See U.S. Copyright Office, Privacy: Copyright numbers, banking information, and pseudonymous work is identified in the
Public Records, http://www.copyright.gov/help/faq/ credit card information—from both the Office’s records during the term of
faq-privacy.html. offline records and the online public protection, then that work will receive
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![63442 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules
the term of life plus 70 years. Id. at Office would generally grant the • If the submission is by an
302(c). But the statute does not provide request, unless it determines that the authorized representative of the author
for the reverse: It does not contemplate need to maintain the original or claimant of record, an additional
a work whose author is already known information in the public record statement, ‘‘I am authorized to make this
receiving the copyright term applicable substantially outweighs the safety, request on behalf of [name of author or
to works by anonymous or privacy, or other stated concern. claimant of record].’’
pseudonymous authors if the author’s By contrast, if the requester is not • The signature of the author,
real name is removed from the Office’s providing verifiable, non-personally- claimant of record, or the authorized
records. Thus, if the proposed rule were identifiable substitute information, the representative of the author or claimant
to permit the removal of an author’s real request will only be granted if the of record.
name from the online public catalog, or requester demonstrates that the safety, • The date on which the request was
the substitution of a real name with a privacy, or other stated concern signed.
pseudonym, it would run contrary to substantially outweighs the need for the • A physical mailing address to
the statutory scheme established by information to remain in the public which the Office’s response may be sent
Congress, and would likely create record. This higher standard is (if no email address is provided).
confusion regarding the correct term of warranted because removing • A telephone number.
copyright. information entirely from the online • An email address (if available).
Moreover, in at least some situations, public catalog would result in a Requests to remove requested PII
removal of a claimant’s name could also diminished record available for search made by joint authors and claimants.
lead to confusion about the correct via the internet. Requests by a joint author or claimant
copyright term. For example, an To satisfy the higher standard, a will generally be treated as described
anonymous author might inadvertently requester must provide more than a bare above for a single author or claimant. In
reveal his or her real name in the declaration that the author or claimant other words, a joint author or claimant
claimant section of the registration form, is concerned about his or her privacy or may request removal of their own PII
in which case it may be that the term safety. For instance, a general statement (though, obviously, not the removal of
for a known author applies, rather than such as, ‘‘I want to protect my privacy,’’ PII of their co-author or co-claimant).
the term for an anonymous or will not satisfy this requirement. Rather, That having been said, the Office has
pseudonymous author.3 Although that a detailed explanation of why the some concern regarding joint authors or
concern may arise only in rare cases, request should be granted is required, claimants that may initially have
any rule would have to account for this such as a specific threat to safety or matching PII, such as a married couple
possibility and would, as a result, be privacy. The more detail that is or business partners that share office
difficult to administer. Accordingly, in supplied by the requester, the more space. If such relationships were to
light of the limited privacy concerns likely the Office is to accept the dissolve, this rule could theoretically
regarding the publication of author and assertion on its face. permit a joint author or claimant to
claimant names unconnected to other How to submit a request for removal remove critical contact information for
forms of PII, and consistent with of requested PII. PII removal requests the other author or claimant from the
existing practices, the Office has must be in the form of a signed affidavit record. Based on this concern, the Office
provisionally concluded that the rule mailed to the U.S. Copyright Office’s intends to review these requests on a
should not allow removal of author or Associate Register of Copyrights and case-by-case basis, but invites comments
claimant names from the online public Director of Public Information and on this issue. Comments with specific
catalog. See Compendium (Third) 615.3 Education, and contain the following examples or hypotheticals are preferred
(‘‘The Office will not remove the information: to general statements.
• The copyright registration Review process. All written requests
author’s name from the registration
number(s). (A single affidavit may for the removal of requested PII from the
record once a certificate of registration
request removal of the same PII in online public catalog will be reviewed
has been issued.’’).
Standard for removal of requested PII. multiple registration records, but as by the Associate Register of Copyrights
Under the proposed rule, the standard explained below, the $130 fee must be and Director of the Office Public
the Office would employ in determining paid for each registration record.) Information and Education, or his or her
whether to grant a request to remove • The name of the author and/or designee(s). All decisions granting or
requested PII from the online public claimant of record on whose behalf the denying requests for the removal of
catalog will depend on whether the request is made. requested PII from the online public
requester is asking simply to replace the • Identification of the specific PII that catalog will be sent in writing to the
PII in the online public catalog with is to be removed. author, claimant of record, or the
verifiable, non-personally-identifiable • If applicable, verifiable, non- authorized representative of the author
substitute information, or whether the personally-identifiable substitute or claimant of record at the address or
requester instead is asking to remove the information that should replace the PII email indicated in the request.
to be removed. If the request is granted, the Office
PII without providing such substitute
• A statement providing the reasons will act as expeditiously as possible to
information.
If the requester provides the Office supporting the request. If the requester effectuate it. However, when a request
with verifiable, non-personally- is not providing verifiable, non- to remove requested PII is denied,
identifiable substitute information, the personally-identifiable substitute authorized persons may submit one
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information to replace the PII to be request for reconsideration in writing
3 One possible clue that the anonymous or removed, this statement must explain in and by mail, to the Office of the General
pseudonymous author and the person listed in the detail the specific threat to personal Counsel within thirty (30) days from the
claimant section are the same person might be if the safety or personal security, or other date of the denial letter, along with the
‘‘transfer’’ section of the registration form is left circumstances, supporting the request. required fee.
blank. Where the author and claimant are different
people, the transfer section must indicate how the
• The statement, ‘‘I declare under Effect on the public record. When
claimant came to obtain the copyright from the penalty of perjury that the foregoing is requests for the removal of requested PII
author. 17 U.S.C. 409(5). true and correct.’’ are granted, the alteration will only be
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![Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules 63443
made in the online public catalog. A approach, coupled with use of the new costs associated with docketing and
copy of the original registration record mechanical and electronic devices now responding to requests via U.S. mail;
containing the PII will be kept on file in becoming available, will avoid waste and system costs related to entering changes
result in a better product. into the online public catalog as well as
the Office away from public online
view. A new certificate of registration See H.R. Rep. No. 1476, 94th Cong., 2d updating the offline registration records;
reflecting the change will be issued. A Sess. 172 (1976). and costs associated with printing a new
note will be added to the basic Though the proposed rule’s approach registration certificate. For example, for
registration record and made viewable would still allow access to PII through initial requests, senior Public
in the online public catalog indicating offline means, we believe that Information and Education staff must
the modification to the catalog. The note preventing the online dissemination of review the initial requests, draft final
will contain a statement, such as that information will substantially decisions, then the Associate Register of
‘‘*Online record modified in response to alleviate privacy concerns. Access to the Copyrights and Director of the Office of
PII request effective [date modified].’’ Office’s offline records is limited, as Public Information and Education must
As noted, the Office will not alter the described above. In contrast, review and sign final decisions. When
original registration record, but will information in the online public catalog an initial request is granted, Registration
instead maintain it in its offline records. is accessible for free at any time by Program staff must key the changes into
Members of the public would be able to anyone with an internet connection and the Office’s online public catalog, and
access the original, unaltered records by can also be harvested through automatic perform checks to ensure that the
visiting the Office in Washington, DC, processes.4 changes are accurately reflected in the
and inspecting the offline records there. Fees. Section 708(a) of title 17 online public catalog. For both initial
Members of the public would also, for authorizes the Register to fix fees for requests and requests for
a fee, be able to request reproductions services, other than those enumerated in reconsideration, the costs associated
of original registration records through paragraphs (a)(1) through (9) of § 708(a), with processing the check or money
the Office’s Records, Research and based on cost and without prior order payments by the Office’s
Certification Section. submission to Congress.5 See 17 U.S.C. accounting staff have been factored into
Although the Office contemplated 708(a). Fees for Office services that the the fee.
allowing the removal of requested PII Register has the discretion to establish For reconsiderations, the costs
from its offline registration records as based on cost and without associated with having an attorney
well its online public catalog, it has Congressional review include fees for advisor review the reconsideration
preliminarily concluded that the copying Office records, fees for mail and letters and draft final decisions for
Copyright Act limits its authority to do delivery services, and fees for special review by and signature of the General
so. Section 409 of the Copyright Act handling. See 79 FR 15910, 15916–17 Counsel and Associate Register of
requires the Office to collect certain (Mar. 24, 2014). With the rule proposed Copyrights amount to a flat fee of $60
information on registration applications, herein, the Office seeks to adopt new per request, regardless of the number of
and section 705 requires the Office to fees to recover costs associated with two registration records referenced in the
‘‘maintain’’ records of those new services: First, the process of request. If the Office grants the request
registrations, and make them available considering initial requests for removal for reconsideration, the costs associated
for public inspection. To allow parties of PII from the online public catalog, with keying changes into the system and
to alter the original records and render and second, the process of printing a new certificate would have
the original information wholly reconsideration of denied requests. already been covered by the fee that
unavailable for public inspection would Based on a cost analysis, the Office accompanied the initial request, and so
appear to be contrary to this statutory believes that the fee for the initial they are not included in this fee.
mandate. The Act does not, however, request should each be established at Both fees are non-refundable.
mandate that copyright registrations $130 per registration record, and the fee B. Removal of Extraneous PII From
records be published in full on the for reconsideration of denied requests Online and Offline Registration Records
internet. Rather, the Office’s online should be established at a flat $60 As explained, the proposed rule
public catalog is principally a regardless of the number of registration would also codify the Office’s existing
fulfillment of the statutory mandate in records encompassed by the request for practice of removing extraneous PII
17 U.S.C. 707 that the Office compile reconsideration. such as driver’s license numbers, social
and publish catalogs of all copyright The Office arrived at the $130 fee for security numbers, banking information
registrations. Section 707 gives the initial requests by considering the time and credit card information from the
Office the discretion to determine ‘‘on and labor required to review and Office’s online and offline records upon
the basis of practicability and process these requests, including the request. See Compendium (Third)
usefulness’’ the form (and frequency) of salaries of junior and senior staff who 1804.2. Specifically, the proposed rule
the information that is published in will take part in the review, draft the would allow, through a request made in
these catalogs. The legislative history on decisions, and perform the data entry; writing (via hard copy or email) to the
section 707(a) contemplates a move Associate Register of Copyrights and
from paper-based to electronic 4 Nonetheless, the Office reiterates that the best
Director of the Office of Public
distribution of the catalog information: way to keep PII from being included in the public
record is to avoid providing it in a registration Information and Education, the removal
Section 707(a) of the bill retains the application when possible. In addition, this rule of extraneous PII such as driver’s license
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present statute’s basic requirement that the does not, and cannot, prevent third-party Web sites numbers, social security numbers,
Register compile and publish catalogs of all from collecting previously posted PII and making
the information available online, even after the PII banking information, and credit card
copyright registrations at periodic intervals, information inadvertently included on a
is removed from the Office’s online public catalog.
but provides ‘‘discretion to determine, on the
basis of practicability and usefulness, for the
5 Fees for core Office services such as registration copyright registration application, at no
of a claim, recording a transfer of copyright cost. Such a request must contain the
form and frequency of publication of each ownership or other document, issuance of a
particular part.’’ This provision will in no certificate of registration, and certain other services
name of the author and/or claimant of
way diminish the utility or value of the are to be submitted by the Register to Congress record, the registration number
present catalogs, and the flexibility of before they take effect. See 17 U.S.C. 708(a) and (b). associated with the record, and a
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![63444 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules
description of the extraneous PII that is (‘‘PII’’) related to a copyright registration security, or other circumstances,
to be removed. Once the Office receives from the Copyright Office’s online supporting the request.
the request it will act as expeditiously public catalog by following the (vi) The statement, ‘‘I declare under
as possible to remove the extraneous PII procedure set forth in paragraph (e)(3) of penalty of perjury that the foregoing is
from both its online and offline public this section. Where the requester true and correct.’’
records. The Office will not include any provides verifiable, non-personally- (vii) If the submission is by an
notation of this action in its records. identifiable substitute information to authorized representative of the author
The Office will also continue its replace the PII being removed, the or claimant of record, an additional
informal practice of affirmatively Office will grant the request unless it statement, ‘‘I am authorized to make this
removing or redacting extraneous PII determines that the need to maintain the request on behalf of [name of author or
from registration forms if it is found original information in the public record claimant of record].’’
during and following the examination substantially outweighs the safety, (viii) The signature of the author,
process, although this practice is not privacy, or other stated concern. If the claimant of record, or the authorized
codified in the proposed rule. requester does not provide verifiable, representative of the author or claimant
non-personally-identifiable substitute of record.
List of Subjects in 37 CFR Parts 201 and (ix) The date on which the request
information, the Office will grant the
204 was signed.
request only if the safety, privacy, or
Copyright, Information, Privacy, other stated concern substantially (x) A physical mailing address to
Records. outweighs the need for the information which the Office’s response may be sent
to remain in the public record. The (if no email is provided).
Proposed Regulations (xi) A telephone number.
Office will review requests by joint
For the reasons set forth in the (xii) An email address (if available).
authors or claimants on a case-by-case (4) Requests under this paragraph (e)
preamble, the U.S. Copyright Office basis.
proposes to amend parts 201 and 204 of must be mailed to the address listed in
(2) Categories of personally § 201.1(c).
37 CFR chapter II as follows: identifiable information that may be (5) A properly submitted request will
removed from the online public catalog be reviewed by the Associate Register of
PART 201—GENERAL PROVISIONS
include home addresses, personal Copyrights and Director of the Office
■ 1. The authority citation for part 201 telephone and fax numbers, and Public Information and Education or his
continues to read, in part, as follows: personal email addresses, except that: or her designee(s) to determine whether
(i) Requests for removal of driver’s the request should be granted or denied.
Authority: 17 U.S.C. 702.
license numbers, social security The Office will mail its decision to
■ 2. In paragraph § 201.1, revise the numbers, banking information, credit either grant or deny the request to the
section heading and add paragraph card information and other extraneous address indicated in the request.
(c)(8) to read as follows: PII covered by paragraph (f) of this (6) If the request is granted, the Office
section are governed by the provisions will remove the information from the
§ 201.1 Communication with the Copyright
Office.
of that paragraph. online public catalog. Where substitute
(ii) Requests to remove the address of information has been provided, the
* * * * * a copyright claimant must be
(c) * * * Office will add that information to the
accompanied by a verifiable substitute online public catalog. In addition, a note
(8) Requests to remove PII from
address. indicating that the online record has
registration records. Requests to remove
(iii) Names of authors or claimants been modified will be added to the
personally identifiable information from
may not be removed or replaced with a online registration record. A new
registration records pursuant to sections
pseudonym. certificate of registration will be issued
201.2(e) and 201.2(f) should be
(3) Requests for removal of PII from that reflects the modified information.
addressed to: U.S. Copyright Office,
the online catalog must be in the form The Office will maintain a copy of the
Associate Register of Copyrights and
of an affidavit, must be accompanied by original registration record on file in the
Director of the Office of Public
the non-refundable fee listed in Copyright Office, and such records shall
Information and Education, P.O. Box
§ 201.3(c), and must include the be open to public inspection and
70400, Washington, DC 20024–0400.
following information: copying pursuant to paragraphs (b), (c),
Requests should be clearly labeled
‘‘Request to Remove Requested PII,’’ (i) The copyright registration and (d) of this section. The Office will
‘‘Request for Reconsideration Following number(s). also maintain in its offline records the
Denial of Request to Remove Requested (ii) The name of the author and/or correspondence related to the request to
PII,’’ or ‘‘Request to Remove Extraneous claimant of record on whose behalf the remove PII.
PII,’’ as appropriate. request is made. (7) Requests for reconsideration of
■ 3. In § 201.2, add paragraphs (e) and
(iii) Identification of the specific PII denied requests to remove PII from the
(f) to read as follows: that is to be removed. online public catalog must be made in
(iv) If applicable, verifiable non- writing within 30 days from the date of
§ 201.2 Information given by the Copyright personally-identifiable substitute the denial letter. The request for
Office. information that should replace the PII reconsideration, and a non-refundable
* * * * * to be removed. fee in the amount specified in § 201.3(c),
rmajette on DSK2TPTVN1PROD with PROPOSALS
(e) Requests for removal of requested (v) A statement providing the reasons must be mailed to the address listed in
personally identifiable information from supporting the request. If the requester § 201.1(c). The request must specifically
the online public catalog. (1) In general, is not providing verifiable, non- address the grounds for denial of the
an author, claimant of record, or the personally-identifiable substitute initial request. Only one request for
authorized representative of the author information to replace the PII to be reconsideration will be considered per
or claimant of record may submit a removed, this statement must explain in denial.
request to remove certain requested detail the specific threat to the (f) Requests for removal of extraneous
personally identifiable information individual’s personal safety or personal PII from the public record. Upon written
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![Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Proposed Rules 63445
request, the Office will remove driver’s request in writing to the email address records. The Office will not include any
license numbers, social security or mailing address listed in § 201.1(c). notation of this action in its records.
numbers, banking information, credit Such a request must name the author ■ 4. In § 201.3, add paragraph (c)(19) to
card information, and other extraneous and/or claimant, provide the registration read as follows:
PII that was erroneously included on a number(s) associated for the record in § 201.3 Fees for registration, recordation,
registration application from the public question, and give a description of the and related services, special services, and
record. There is no fee for this service. extraneous PII that is to be removed. services performed by the Licensing
To make a request, the author, claimant, Once the request is received, the Office Division.
or the authorized representative of the will remove the extraneous information * * * * *
author or claimant, must submit the from both its online and offline public (c) * * *
Fees
Registration, recordation and related services ($)
* * * * * * *
(19) Removal of PII from Registration Records:
(i) Initial request, per registration record ...................................................................................................................................... 130
(ii) Reconsideration of denied requests, flat fee .......................................................................................................................... 60
* * * * * * *
* * * * * Washington, DC 20559–6000. The DATES: Comments are due on or before
request shall explain why the individual October 17, 2016.
PART 204—PRIVACY ACT: POLICIES believes the record to be incomplete, ADDRESSES: Submit comments
AND PROCEDURES inaccurate, irrelevant, or untimely. electronically via the Commission’s
■ 5. The authority citation for part 204 (b) With respect to requests for the Filing Online system at http://
continues to read as follows: correction or amendment of records that www.prc.gov. Those who cannot submit
are governed by this section, the Office comments electronically should contact
Authority: 17 U.S.C. 702; 5 U.S.C. 552(a). will respond within 10 working days the person identified in the FOR FURTHER
■ 6. Revise § 204.7 to read as follows: indicating to the requester that the INFORMATION CONTACT section by
requested correction or amendment has telephone for advice on filing
§ 204.7 Request for correction or been made or that it has been refused.
amendment of records.
alternatives.
If the requested correction or
(a) Any individual may request the FOR FURTHER INFORMATION CONTACT:
amendment is refused, the Office’s
correction or amendment of a record David A. Trissell, General Counsel, at
response will indicate the reason for the
pertaining to her or him. Requests for 202–789–6820.
refusal and the procedure available to
the removal of requested personally the individual to appeal the refusal. SUPPLEMENTARY INFORMATION:
identifiable information related to a Table of Contents
Dated: September 8, 2016.
copyright registration are governed by
Sarang V. Damle, I. Introduction
§ 201.2(e) of this chapter. Requests for
the removal of extraneous personally General Counsel and Associate Register of II. Background
Copyrights. III. Proposed Rules
identifiable information, such as IV. Comments Requested
[FR Doc. 2016–22011 Filed 9–14–16; 8:45 am]
driver’s license numbers, social security V. Ordering Paragraphs
numbers, banking information, and BILLING CODE 1410–30–P
credit card information from registration I. Introduction
records are governed by § 201.2(f) of this The Commission initiates this
chapter. With respect to the correction POSTAL REGULATORY COMMISSION rulemaking to request comments on
or amendment of all other information proposed changes to title 39 of the Code
contained in a copyright registration, 39 CFR Parts 3015 and 3060
of Federal Regulations (CFR) as they
the set of procedures and related fees [Docket No. RM2016–13] relate to attributable costs. The primary
are governed by 17 U.S.C. 408(d) and purpose of the rulemaking is to make
§ 201.5 of this chapter. With respect to Changes to Attributable Costing conforming changes to rules that
requests to amend any other record that AGENCY: Postal Regulatory Commission. specifically define or describe
an individual believes is incomplete, ACTION: Proposed rulemaking. attributable costs, pursuant to
inaccurate, irrelevant or untimely, the Commission Order No. 3506.1
request shall be in writing and delivered SUMMARY: The Commission is issuing
II. Background
either by mail addressed to the U.S. this proposed rulemaking which
Copyright Office, Supervisory Copyright amends some existing rules concerning In Docket No. RM2016–2, the
Information Specialist, Copyright attributable costing. The primary Commission issued Order No. 3506 after
rmajette on DSK2TPTVN1PROD with PROPOSALS
Information Section, Attn: Privacy Act purpose of this rulemaking is to make consideration of a United Parcel
Request, P.O. Box 70400, Washington, conforming changes to rules that Service, Inc. (UPS) Petition which
DC 20024–0400, or in person Monday specifically define or describe sought to make changes to the
through Friday between the hours of attributable costs, pursuant to
1 Docket No. RM2016–2, Order Concerning
8:30 a.m. and 5 p.m., eastern time, Commission Order No. 3506. This
United Parcel Service, Inc.’s Proposed Changes to
except legal holidays, at Room LM–401, notice informs the public of the docket’s Postal Service Costing Methodologies (UPS
Library of Congress, U.S. Copyright initiation, invites public comment, and Proposals One, Two, and Three), September 9, 2016
Office, 101 Independence Avenue SE., takes other administrative steps. (Order No. 3506).
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Document Created: 2018-02-09 13:18:07
Document Modified: 2018-02-09 13:18:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Written comments must be received no later than 11:59 p.m. Eastern Time on October 17, 2016. | |
| Contact | Cindy Abramson, Assistant General Counsel, by email at [email protected], or Abioye Mosheim, Attorney Advisor, by email at [email protected] Each can be contacted by telephone by calling 202-707-8350. | |
| FR Citation | 81 FR 63440 | |
| CFR Citation | 37
CFR
201 37 CFR 204 | |
| CFR Associated | Copyright; Information; Privacy and Records |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR